The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days

Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank

Citation: 
Official Committee of Unsecured Creditors of Motors Liquidation Company v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Company), Docket No. 2013-02187, --- F.3d --- (2d. Cir. Jan. 21, 2015)
Ruling: 
The UCC-3 termination statement filed by the debtor terminating three UCC-1s, including one mistakenly included that related to a separate term loan, was effective to terminate the security interest in the term loan even though the secured creditor did not ...
Judge(s): 
Winter, Wesley, and Carney, Circuit Judges
Read on...

Harbour Trust Co. Ltd. v. Aaron (In re Plusfunds Group, Inc.)

Citation: 
Case No. 14-817-bk(L) (2d Cir. Jan. 21, 2015) (Summary Order, not precedential)
Ruling: 
Second Circuit held that the bankruptcy court abused its discretion when it denied a motion to reopen the bankruptcy case without considering what prejudice, if any, would result from granting the request. After recognizing that the decision to grant ...
Judge(s): 
Winter, Cabranes, Raggi
Read on...

Powers v. Credit Management Services, Inc.

Citation: 
No. 13-2831 (8th Cir. Jan. 13, 2015).
Ruling: 
Standard form complaints and discovery requests served on debtors by a consumer debt collector did not, on their face, violate the Fair Debt Collections Practices Act, and therefore were insufficient to support class certification under Fed. R. Civ. P. 23(b).
Judge(s): 
Wollman, Loken, and Murphy.
Read on...

Trang v. Taylor Bean & Whitaker Mortgage Corp.

Citation: 
Case No. 14-50281 (5th Cir. Jan. 7, 2015)
Ruling: 
AFFIRMED district court refusal to remand case because non-diverse defendant was improperly joined as there was no reasonable basis for the district court to predict that the plaintiff might be able to recover against defendant. The Fifth Circuit also affirmed ...
Judge(s): 
Circuit Judges King, Jolly and Haynes.
Read on...

Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.)

Citation: 
Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.) No 14-1276
Ruling: 
The Court affirmed that bankruptcy court's finding that defendant Randall Fincke ("Fincke") had solicited investments in Access Cardiosystems, Inc.'s ("Debtor") by means of a material misstatement, a violation of Mass. Gen. Laws ch. 110A, § 410(a)(2) (Massachusetts' Blue Sky Law). ...
Judge(s): 
Lynch, Howard & Barron
Read on...
Syndicate content